TAPEN SEN,J. - (1.) THIS writ petition is directed against the order dated 22nd August, 2012 passed by the learned Central Administrative Tribunal, Calcutta Bench, Circuit at Port Blair, in OA No. 101/AN/2010, whereby and whereunder it was pleased to hold that the law is well settled that a Court/Tribunal cannot issue a direction for regularization of a person who did not satisfy the requirements prescribed under the Rules. It further came to the conclusion that since the petitioner's appointment as a Chargeman/Junior Engineer was contractual in nature, therefore, no positive direction can be given or issued for his regularization, as it was not a mode of recruitment. Consequently, the application before the Tribunal stood dismissed.
(2.) THE petitioner has further prayed that the respondent No.4 ( the Director, Directorate of Transport, Andaman and Nicobar Administration, Port Blair) be directed to regularize his service on the post of Chargeman/Junior Engineer since the date of his initial appointment vide office order No.971 dated 5 th July, 2006 and thereafter release all consequential benefits to him. The short facts which are necessary to be taken into consideration are as follows: On 21st April, 1994, the respondent No.5 [the Assistant Director(Admn.), Directorate of Transport] engaged the petitioner as a daily rated mazdoor at Mayabunder Division along with five other candidates. The said engagement which was made by office order No.191 dated 21st January, 1994 (Annexure P-1 of the writ petition) continued till 2nd July, 2001. Subsequently, by an office order No.1394 dated 2nd July, 2001, his services were discontinued with immediate effect. Being aggrieved, the petitioner along with 30 other daily rated mazdoors moved the Presiding Officer, Labour Court and by an Award dated 30th June, 2004 passed in I.D (LC) Case No.1 of 2002, the question as to "whether the termination of services of 31 daily rated mazdoors (as per annexure-A) w.e.f. 2.7.2001 by the Director of Transport, Port Blair vide Order No.1394 dated 2.7.2001 is legal and justified? If not, what relief the concerned workmen represented by the General Secretary, State Transport Workers Union, Port Blair are entitled to.", was answered by holding that the action of the Director of Transport in terminating the services of 31 daily rated mazdoors w.e.f. 2nd July, 2001 was not justified. The order No.1394 dated 2 nd July, 2001 was accordingly quashed. It was held that the workmen were entitled to be reinstated into service with immediate effect, but considering the fact that they were daily rated employees, they were not given the benefit of any backwages and other monetary benefits, but, it was, ordered that they should be deemed to be in continuous service, as if there was no termination. From one of the representations that this petitioner filed before the Lieutenant Governor and which was received by his Secretariat on 28.06.2004 (page 65 of the writ petition, it appears that he had informed that he was a highly skilled status mazdoor having been appointed in 1994. He had also stated that in the year 1997, the post of Junior Engineer had fallen vacant and that there had been an advertisement for filling up the said vacancy and he had applied for the said post, but no steps had been taken to initiate the process of selection. On 13.01.1999, the Director of Transport had recommended his case after mentioning that he had worked for a period of five years sincerely and a reasonable decision should be taken for filling up the post of Junior Engineer by appointing him on that post. He has also stated that he was working all along and discharging his duties both as a Chargeman and Junior Engineer. In yet another representation sent to the Director, Directorate of Transport (page 68 of the writ petition) he had mentioned the fact that he was a Diploma Holder in Automobile Engineering.
(3.) IT appears that after the publication of the Award dated 30.06.2004, two advertisements were published in a local newspaper, The Daily Telegrams. The first was published on 24.06.2005 (page 71 of the writ petition) wherein local candidates possessing local certificates and registered under the local Employment Exchange and having required qualifications were given the opportunity to appear at a 'Walk-in-Interview' on 29.06.2005 for selection to the post of a Chargeman on short term contract basis for a period of six months. The required qualification was a Degree or a Diploma in Mechanical/Automobile Engineering. On the next day, i.e., 25.06.2005, a similar notice for a 'Walk-in-Interview' was published for the post of Junior Engineer on short term contract basis for a period of six months in the Directorate of Transport, Port Blair. From Annexure P-12 (page 57 and 58 of the writ petition) it is noticed that the petitioner is the successor of a government settler (dependant of a Govt. Settler) and certified to belong to Category-II of local residents. After having passed the Secondary School Examination from Central Board of Secondary Education, he acquired Diploma in Second Division in Automobile Engineering in the year 1991 from the Bhubanananda Orissa School of Engineering, Cuttack (Page 58 of the writ petition).;